Below are the notes from our friend Lorenzo Berenger. Lorenzo has been in the claims business for over 30 years. Starting out as a first line claims person and evolving to Global Head of Vendor Relations for XL Catlin.
Source: «Tomorrow’s Lawyers», pub. 2013
| p. | Susskind comment | LB comment |
| xiii | «legal institutions» and «lawyers» are at a crossroads, poised to change radically over the next two decades. | Bold statement: needs validation(s). Twenty-year period is important. |
| xiii | Warning to elder statesmen in law firms: “IT” particularly, and some of the other “transformations” are coming in the next “few” years | Calls to the “young at heart”: “legal” and “justice systems” should be modernized |
| xiv | Identifies a “whole set” of “exciting new occupations” for tomorrow’s lawyers | N/A |
| xiv | Judges should introduce “virtual hearings” and “online” ADR | This is part of controlling the costs of litigation |
| xv | To meet the “needs of clients”, we will need to dispense with “much” of our current “cottage industry.” “..massive upheaval..must happen now in law..as in other professions.” | Strong words (in bold) |
| xv | Pervasive use of IT | This is generally assumed, but in my view, generally underestimated |
| xvii | Focus of book is largely, but not exclusively, civil work in commercial law firms | N/A |
| xviii | Wayne Gretzky analogy: attorneys must focus on where the legal market will be. | Excellent analogy: I totally agree. |
| 4 | The “More-for Less” challenge (for General Counsel)= three problems: 1. Reduce lawyers; 2. Reduce external legal spend; 3. Undertake more legal and compliance work. | I agree based on my own experience. |
| 5 | Small businesses and consumers (citizens) face the “More-for-Less” challenge. | See above |
| 5 | “Liberalization” is a second main driver of change; in England and Wales, “reserved” legal work is undertaken only by qualified lawyers. This is a narrower category than the “authorized practice of law” in the US. | I see this as an important (macro) evolution in the marketplace. |
| 6 | In England and Wales, calls for liberalization were answered in 2004 with the Clementi Report, which led directly to the “Legal Services Act” of 2007, which (inter alia) permits the set-up of ABSs (alternative business structures). E.g. non-lawyers can own and run legal businesses. | As immediately above. |
| 10 | IT: many lawyers grotesquely misunderstand IT’s trend and importance. | I agree |
| 11 | Assuming Moore’s Law would hold, an average desktop computer (by 2020) would have same processing power as the human brain (i.e. 1018 calculations/second). | Moore’s Law is not holding per Q2 2017; however, the author’s point is well-taken. |
| 12 | Cites example of Twitter, as “irrational rejectionism,” the dogmatic and visceral dismissal of a technology | I agree |
| 13 | The challenge is to “innovate”, to practice law in ways that we would not have done in the past | I agree |
| 16 | Lawyers charge for their input and not their output. “Hourly billing is an institutionalized disincentive to efficacy.” | In my view, the first point can be argued. I agree that the opportunity for inefficacy is provided. |
| 17 | 40% of law firms are run by solo practitioners | Author does not provide source (for the 40%) |
| 21 | Much compliance work is administrative and non-competitive (i.e. there is duplicative, costly effort, which is massive and unnecessarily costly. | I agree |
| 31 | The conduct of litigation can be divided into nine tasks (see table 4.1). Of these tasks, and as example, project management is a significant discipline in its own right (cites the US-based international law firm, Orrick, which has moved some of its legal work to less-costly locations). | I agree |
| 37 | Cites “LawPivot” (now Rocket Lawyer) as a platform that allows people to ask questions publicly. | I see this service as a positive development |
| 40 | Cites a table of 13 disruptive technologies (see table 5.1) | I agree |
| 45 | Cornell University Law School publishes law online at no charge (to help people understand legal issues) | I agree this is a good example |
| 45 | Legal OnRamp (now “Elevate Services”) is a collaboration system for in-house counsel. | Checking the website, I found that Elevate is offering a range of services for law firms and law departments (e.g. e-billing, HR support, IT, etc). |
| 53 | “Cost pressures” are a reality: and wise for a law firm to think how it should be more cost efficient. | I agree |
| 67 | Tomorrow’s lawyers will need to be more “in-tune” with tomorrow’s clients (i.e. as opposed to what many lawyers do, today, which is to pontificate and fail to listen) | I agree |
| 69 | The More-For-Less challenge will require routine and repetitive legal tasks to be outsourced. | I agree |
| 71 | Some in-house lawyers are asking firms to bid against one another | I support this approach, recognizing it is far from palatable, today, for most law firms. |
| 75 | The world’s leading 100 law firms are sustained very largely by the world’s top 1,000 businesses: if and when GCs (general counsel) become radically more demanding, they will have the power to reshape this top echelon of firms. | I agree |
| 79 | Most lawyers are in denial of the fundamental and structural changes within the legal marketplace | I agree. In the words of William Gibson, “the future has already arrived. It’s just not evenly distributed yet.” |
| 80 | Insurance online auctions for legal services will be used more frequently | I agree |
| 100 | Virtual hearings will become commonplace in due course | I agree |
| 113 | I expect lawyers to extend their capabilities by becoming increasingly multidisciplinary (e.g. strategists, management consultants, business advisers, market experts, etc.), with expertise beyond the black letter law. | I agree |
| 125 | Law firms and in-House lawyers will increasingly allocate decomposed tasks | I agree |
| 128 | Clearspire (apparently shut down in 2014). May re-deploy its custom-built platform, “Coral.” | Refer to ABA journal, May 1 2015. “Clearspire Redux: The law firm is dead—long live its technology.” |
| 150 | The running themesof this book: more-for-less pressure, liberalization, and technology. | Agreed. |
| 153 | An interesting question to ask a law firm: “What is the formal process by which your firm monitors emerging technologies and evaluates their potential for your various practice areas?” | Few firms have such a process |
| 158 | Author uses analogy about whole in the wall (i.e. photograph of a gleaming power drill), to remind reader about the whole in the legal world. The questions are: what value, what benefits, do clients really seek when they instruct lawyers? | I agree |
| 163 | George Bernard Shaw’s quote: “all professions are conspiracies against the laity.” The author observes two distinct camps (in the legal industry): the benevolent custodians and the jealous guards. | I agree |
| 163 | Author is vocal against those in the legal community whose primary concern is themselves and threats to their income and self-esteem. | I agree |
| 164 | Author implorestomorrow’s lawyers to take the “mantle of the benevolent custodians.” | As the author suggests, it is not the purpose of law to keep lawyers in business. |
| 164 | Author uses quote from Alan Kay: “the best way to predict the future is to invent it.” This is a powerful message for tomorrow’s lawyers. | This point/principle is certainly valid across a variety of industries. |
| 165 | Author’s final words to young lawyers: “you are on your own: forge new paths for the law.” | Logical ending to the book. |
